Tuesday, 29 November 2011

By
Shaykh Muhammad bin Salih Al 'Uthaymeen
Part Two of Three paper [2 / 3]

[4]. Tawaf Wada '

If a woman has worked through all the rituals of Hajj and Umrah, then come out for a period before returning to his country and this period continues until he came out, then he should leave without a farewell tawaf '. Essentially, the hadith of Ibn Abbas radi 'anhuma.

"Meaning: Ordered to pilgrims to the last moment for them was in the House (do tawaf Farewell '), only it was not imposed on menstruating women." [Hadith Agreed alaih].

And not circumcised for menstruating women when they wanted to contrast, came to the door of the Grand Mosque and prayed. Because of this there is no fundamental teachings of the Prophet sallallaahu 'alaihi wa sallam, while all worship must be based on the teachings (Sunnah) of Prophet sallallaahu' alaihi wa sallam. In fact, according to the teachings (Sunnah) of Prophet sallallaahu 'alaihi wa sallam is the opposite. As mentioned in the story Shafiyah, radi 'anha, when in a state of menstruation after tawaf ifadhah Prophet sallallaahu' alaihi wa sallam said to him: "If, therefore, let him depart" (Hadith Agreed alaih). In this hadith, the Prophet told him to not come to the door of the Grand Mosque. If it is prescribed, of the Prophet had to explain it.

The Tawaf for Hajj and Umrah remains obligatory for menstruating women, and carried out after the saint.

[5]. Abiding In the Mosque

Forbidden for menstruating women stayed in the mosque, even forbidden for him also dwell in the place of Eid prayer. Based on the hadith of Umm Athiyah radi may Allaah be pleased he heard the Prophet sallallaahu 'alaihi wa sallam said.

"Meaning: To get out of the girls, virgins and women ... But the woman's menstrual periods away from the place of prayer". [Hadith Agreed alaih]

[6]. Jima '(Intercourse)

Diaharamkan for the husband to do Jima 'with his wife, who are menstruating, and forbidden for the wife gives her husband a chance to do so. Arguments, the word of Allah Ta'ala.

"It means: They ask you about menstruation. Say:" Menstruation is a dirt '. Therefore be ye abstain from women at the time of menstruation, and do not approach them before they are holy ...". [Al-Baqarah: 222]
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What is meant by "Al-mahidhi" in the paragraph above is the time period or place of discharge of the vagina (vaginal).

Muslims also have berijma '(agree) on the prohibition of the husband to do Jima' with his wife, who are menstruating in her pussy.

Therefore, it is not lawful for the people who believe in Allah and the day then do this unjust act, which has been banned by the Book of Allah, the Sunnah of His Messenger sallallaahu 'alaihi wa sallam and the consensus of Muslims. So anyone who violates this prohibition, he is hostile to God and His Messenger and follow the road than those who believe.

An-Nawawi in the book Al-Sharh al Muhadzdzab Majmoo Juz 2, pg. 374. said: "Imam ash-Shafi'i argues that people who do that have committed a great sin. And according to our friends and others, people who justifies intercourse with a menstruating wife legal infidels".

To distribute syahwatnya, husbands are allowed to do other than jima '(intercourse), such as kissing, hugging and bersebadan in areas other than fanny (vagina). However, preferably, do not bersebadan on the area between the center and the knee if the wife is wearing a cloth cover. Based on the hadith narrated by Aisha radi 'anha.

"Meaning: Once the Prophet sallallaahu 'alaihi wa sallam berkain me, then he menggauliku I'm in a state of menstruation". [Hadith Agreed alaih].

[7]. Divorce

Forbidden for a husband and wife who are menstruating mentalak, based on the word of Allah Ta'ala.

"Meaning: O Prophet, when you divorce your wives so be ye divorce them when they can be (against) iddahnya (reasonable) ..." [Ath-talaq: 1]

That is, the wives were divorced in the state could face a clear iddah. Meaning, they are not divorced except in cases of pregnancy or before Umor sacred. For, if a wife divorced in a state of menstruation, she can not face iddahnya because menstruation is being experienced at the time of the fall of divorce did not count include iddah. Meanwhile, if divorced in the state of purity after Umor, meaning that it faces iddah unclear because it is not known whether she was pregnant because Umor it or not. If pregnant, then iddahnya with pregnancy, and if not, then iddahnya with menstruation. Because of uncertain iddahnya type, then it is forbidden for the husband mentalak wife so clearly the problem.

So, who are menstruating wife mentalak unlawful. Based on the above verse and the hadith of Ibn Umar narrated in Saheeh Al-Bukhari and Muslim and other hadith books, that he has divorced his wife in a state of menstruation, then Umar (his father) complained about it to the Prophet sallallaahu 'alaihi wa sallam. So, the Prophet sallallaahu 'alaihi wa sallam was angry and said.

"It means: Let him refer to his wife and then maintain it until he is holy, then periods, then holy again. After that, if he wants to, can defend it or mentalaknya before Umor. That's why God commanded iddah in mentalak wife".

Thus, if mentalak berdosalah wife of a husband who is menstruating. He must repent to Allah and his wife refer to later in syar'i mentalaknya accordance with the commands of Allah and His Messenger. Namely, after referring to his wife let him leave until they experienced the sacred from the period when divorced, then your period again, after that if he wanted to keep it or mentalaknya before Umor.

In the case diharamkannya mentalak wife is menstruating, there are three issues that are excluded.

If the divorce occurred before or together with his wife before menggaulinya (eg newlyweds in a state, pent), then it may mentalaknya in a state of menstruation. Because, in such cases, the wife is not exposed iddah, the talaq is also not against the word of Allah the Exalted: "... so be ye divorce them when they can be (against) iddahnya (reasonable) ..." [At-talaq: 1]

If menstruation occurs in a state of pregnancy, as already explained why in previous chapters.

If the divorce is on the basis of 'iwadh (replacement), then the husband may divorce his wife who is menstruating.

For example, there was discord and relationships that no longer harmony between husband - wife. Then the wife asked her husband to husband mentalaknya and obtain compensation therefore, it may even wife in a state of menstruation. Based on the hadith of Ibn Abbas radi 'anhuma.

"It means: That the wife of Thabit bin Qais bin Syammas came to the Prophet sallallaahu 'alaihi wa sallam and said:' O Messenger of Allah, indeed I do not condemn it in the moral and religious, but I'm afraid of disbelief in Islam. 'Prophet sallallaahu' alaihi wa sallam asked : 'Will you return his garden to him.?'. The woman replied: 'O' Messenger of Allah sallallaahu 'alaihi wa sallam also said (to him):' Accept the garden, and he ceraikanlah ". [Al-Bukhari Hadith]

In the hadeeth of the Prophet sallallaahu 'alaihi wa sallam did not ask if the wife is menstruating or saint. And because of this divorce by the wife paid a ransom for him then it is permissible under any circumstances, if necessary.

In the book Al-Mughni mentioned about bolehnya address khul'a (divorce at the request of the wife to pay the ransom) in a state of menstruation: "the prohibition of divorce in a state of menstruation is the Awliyaa '(danger) for the wife to wait for long period of' iddah. Moderate khul'a is to eliminate Awliyaa 'for the wife because the relationship is not harmonious and can not stand living with a husband who hated and not his favorite. It is certainly larger than madharatnya for the wife to wait for long period of' iddah, then it is possible to avoid a greater Awliyaa 'by undergoing madharatnya something lighter. Therefore the Prophet did not ask the woman who asks khul'a about the situation ". [Ibid, Juz 7, p.. 52]

And allowed to contract marriage with a woman who is menstruating, because it basically is halal, and there is no argument against it. However, if the husband is allowed to be considered together with the wife who was in a state of menstruation. If it is not feared to intercourse with his wife who is menstruating is not okay. Conversely, if the concern is not allowed to get together with him before the saint to avoid things that are forbidden.